Sunday, April 27, 2014
Virginia Driving Under Influence Fairfax Lawyers Violation Code 18.2-266
Virginia Driving
Under Influence Fairfax Lawyers Code 18.2-266
Below is a sample case of
traffic violation in Virginia as interpreted by a lawyer in our firm.
Have you been charged with a
traffic ticket in Virginia and need a lawyer to defend you?
Are you concerned about the
consequences of being charged for a traffic violation in Virginia?
We have defended many traffic
tickets in Virginia and we can help you as well.
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg
Contact our law firm today to
speak with a lawyer today about your traffic violation. An attorney from our firm will do his best to
help you.
Our law firm has the
necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Lawrence v. Commonwealth
Facts:
Defendant was convicted in
the Circuit Court of Fairfax (Virginia) of involuntary manslaughter, in
violation of Va. Code Ann. § 18.2-36.1, after having been convicted of driving
under the influence, in violation of Va. Code Ann. § 18.2-266. He appealed.
If you are facing a traffic case in Virginia, contact a
SRIS Law Group lawyer for help. You can
reach us at 888-437-7747
Holdings:
The
Virginia Court made the following holding:
- A defendant found guilty
under Va. Code Ann. § 18.2-36.1(A) who involuntarily causes the death of
another as the result of driving under the influence is guilty of
involuntary manslaughter and can be sentenced to up to 10 years of imprisonment
with no mandatory minimum. Under Va. Code Ann. § 18.2-36.1(B), if, in
addition to the elements in § 18.2-36.1(A), the conduct of the defendant
was so gross, wanton and culpable as to show a reckless disregard for
human life, he shall be guilty of aggravated involuntary manslaughter, a
felony punishable by a term of imprisonment of not less than 1 nor more
than 20 years, 1 year of which shall be a mandatory, minimum term of
imprisonment.
- The rule stated in
Blockburger is applied as a rule of statutory construction to help
determine legislative intent. There is nothing in the constitution which
prevents Congress from punishing separately each step leading to the
consummation of a transaction which it has power to prohibit and punishing
also the completed transaction. The Blockburger rule is not controlling
when the legislative intent is clear from the face of the statute or the
legislative history. Indeed, it would be difficult to contend otherwise
without converting what is essentially a factual inquiry as to legislative
intent into a conclusive presumption of law.
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg
Contact our law firm today to
speak with a lawyer today about your traffic ticket. An attorney from our firm will do his best to
help you.
Our law firm has the
necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Disclaimer:
Email Us:
Our Phone #
Virginia | |
Fairfax | 703-278-0405 |
Prince William | 703-278-0405 |
Loudoun | 703-278-0405 |
Fredericksburg | 703-278-0405 |
Richmond | 804-201-9009 |
Virginia beach | 757-512-5002 |
Lynchburg | 434-509-4004 |
Virginia Reckless Driving Lawyer
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